Resolution CM/ResDH(2010)74[1]
Execution of the judgments of the European Court of Human Rights
in two cases against Turkey
(Judgments of 31/03/2009, final on 30/06/2009 and of 17/02/2009, final on 14/05/2009)
(See Appendix for details of the cases)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court concern the prolonged detention of the applicants in police custody in both of these cases (violations of Article 5, paragraph 3); the lack of an effective remedy (violation of Article 5 paragraph 4), and the absence of a right to compensation in this regard (violation of Article 5 paragraph 5) (only in Mehmet Sıddık Eren and others case) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2010)74
Information on the measures taken to comply with the judgments
in two cases against Turkey
Introductory case summary
These cases mainly concern the excessive length of the detention of the applicants in police custody for 5 days in the Baizi case, and 9 days in Eren case (violations of Article 5§3).
The case of Eren and others (7860/02) also concerns the lack of an effective remedy by which the applicants might have challenged the lawfulness of their continued detention in police custody (violation of Article 5§4), and the absence of a right to compensation in this respect (violation of Article 5§5).
I.Payments of just satisfaction and individual measures
a) Details of just satisfaction
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Mehmet Sıddık Eren and others 7860/02
-
16500 EUR
-
16500 EUR
Paid on 30/09/2009
Baizi 7306/02
-
-
500 EUR
500 EUR
Paid on 07/09/2009
b) Individual measures
The applicants are no longer detained in police custody. Consequently, no other individual measure was considered necessary.
II.General measures
Following constitutional and legislative reforms, the law related to police custody were brought into conformity with the requirements of Article 5 of the Convention (see Sakık and others (Final Resolution ResDH(2002)110) and Ayaz and others (Final Resolution CM/ResDH(2008)29)).
III.Conclusions of the respondent state
The government considers that no individual measure is required, apart from the payment of the just satisfaction and that the general measures adopted will prevent similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 3 June 2010 at the 1086th meeting of the Ministers’ Deputies
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